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England and Wales Case Law

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Immigration law [2020] EWHC 437 (Admin)

Hafeez, R (on the application of) v Secretary of State for the Home Department & Anor

Hafeez, R (on the application of) v Secretary of State for the Home Department & Anor [2020] EWHC 437 (Admin) (28 February 2020)

The Administrative Court held that Regulation 33 certification of an EEA deportee pending appeal is a restrictive measure requiring Article 27 proportionality assessment.

  • Deportation of eea nationals
  • Proportionality in eu law
  • Freedom of movement
  • Procedural safeguards in deportation
  • Interpretation of directive 2004/38/ec
  • Eea-deportation
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Insolvency [2020] EWHC 98 (Ch)

Wilson & Anor v McNamara & Ors

Wilson & Anor v McNamara & Ors [2020] EWHC 98 (Ch) (23 January 2020)

High Court preliminary issue on whether an Irish pension scheme had to be treated as an approved pension arrangement in English bankruptcy under EU law.

  • Bankruptcy estate
  • Pension exclusion
  • Freedom of movement
  • Right of establishment
  • Interpretation of welfare reform and pensions act 1999
  • Eu law conformity
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Public law [2018] EWHC 2651 (Admin)

B & Anor v Secretary of State for the Home Department

B & Anor v Secretary of State for the Home Department [2018] EWHC 2651 (Admin) (12 October 2018)

The High Court upheld cancellation of two British passports on national security grounds, rejecting claims of unfair process, lack of proportionality, and unlawful reliance on the Royal Prerogative.

  • Royal prerogative
  • Passport cancellation
  • Proportionality
  • Procedural fairness
  • Freedom of movement
  • Disclosure obligations
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Public law [2018] EWHC 1792 (Admin)

AS, R (On the Application Of) v The Secretary of State for the Home Department

AS, R (On the Application Of) v The Secretary of State for the Home Department [2018] EWHC 1792 (Admin) (13 July 2018)

The High Court dismissed a judicial review challenge to the cancellation of AS’s passport, holding that the Secretary of State properly considered the Family Court order and could maintain cancellation on national security grounds.

  • Royal prerogative
  • Passport cancellation
  • Proportionality
  • Freedom of movement
  • Eu law
  • Children's welfare
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Social security

Bolton MBC & Anor (HB)

The Upper Tribunal held that a claimant could not derive a right to reside for housing benefit purposes because her children lacked the required common period with her worker status.

  • Housing benefit
  • Right to reside
  • Derivative rights
  • Worker status
  • Freedom of movement
  • Housing-benefit
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Eu law

Hrabkova v The Secretary of State for Work and Pensions

The Court of Appeal held that a self-employed parent could not derive a right of residence under EU Regulation 492/2011 Article 10, and dismissed the appeal.

  • Right to reside
  • Derivative rights of residence
  • Non-discrimination
  • Freedom of movement
  • Social benefits eligibility
  • Eu-law
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European union law [2017] EWCA Civ 794

Hrabkova v The Secretary of State for Work and Pensions

Hrabkova v The Secretary of State for Work and Pensions [2017] EWCA Civ 794 (22 June 2017)

Court of Appeal held that EU law did not extend a derivative right of residence to the self-employed parent of a child in education, and dismissed the appeal.

  • Right to reside
  • Derivative rights of residence
  • Non-discrimination
  • Freedom of movement
  • Social security benefits
  • Interpretation of eu regulations
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England and Wales decisions are organised by court, judge, legal area and indexed issue so a practitioner can move from a proposition to a citable authority with the surrounding context intact.